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ITEM: ARTICLE 5 UPDATE: AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL AMENDING THE LAND DEVELOPMENT REGULATIONS TO REVISE THE DEVELOPMENT REVIEW PROCESS BY REPEALING ARTICLE 5 "DEVELOPMENT REVIEW PROCEDURES" IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 5 "DEVELOPMENT REVIEW" TO MODIFY SPECIAL USE PERMITS, SEASONAL EQUESTRIAN USES, AND UPDATING THE APPLICATION, REVIEW, AND APPROVAL PROCEDURES FOR DEVELOPMENT PERMITS; AND AMENDING ARTICLE 3 "DEFINITIONS" BY AMENDMENT CHAPTER 2 "DEFINITIONS" CONSISTENT WITH THE NEW ARTICLE 5 "DEVELOPMENT REVIEW"; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
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PUBLIC HEARING: X QUASI-JUDICIAL:
EXPLANATION: The proposed amendments are intended to simplify, clarify, streamline, and update the land development approval process. All of the proposed changes are to Article 5, Development Review Procedures and Article 3, Definitions of the Land Development Regulations. The primary changes include:
- Elimination of Article 5, Chapter 10 - Development Agreements
Chapter 163, Florida Statutes, permits the use of development agreements for the approval of large and/or complicated projects. Such agreements are essentially a contract between a local government and the developer. The use of these agreements is infrequent. Wellington utilized a development agreement only once since incorporation (Bink's Golf Club). The potential use of these agreements remains in the Statutes and can be used whether or not the provisions are duplicated in the land development regulations.
- Modifications to the Seasonal Equestrian Uses
Chapter 7 of the Land Development Regulations establish the permitting process for seasonal equestrian uses such as equestrian shows/competitions and temporary equestrian facilities such as stabling tents. The changes establish three show/competition levels where level one does not require a permit, level two may be administratively approved, and level three requires Council approval. The levels are differentiated by days per event, events per year, entries per event, attendance per event, number of vendors, and level of entertainment. All of these variables affect the potential impact of the show competition on the community in relation to traffic, noise, and similar impacts. The Equestrian Preserve Committee recommended approval of these proposed changes at the January 8th and April 9th meetings.
- Consistency Assurance for Council-reviewed Plans
These proposed amendments ensures that any plans (master plan, site plan, phasing plan, building elevations, landscape plans, etc.) that were submitted or shown by an applicant in support of an application for a development approval are not significantly different from the plans submitted for final administrative approval. The only changes are those necessary to comply with conditions of approval adopted by Village Council. The final plans submitted for final administrative approval are called Rectified Plans.
The purpose of the Rectified Plan (standard) is two-fold. First, the proposed amendments will assure that a plan presented to the Boards and Council for a project is the same as submitted by the applicant for final administrative approval. The second provides assurance to the applicant that the plans approved by Council cannot be significantly modified by staff during final administrative approval. This will require both the staff and the applicant to resolve design issues before the public hearings. A definition of Rectified Plan has been added to Article 3.
The proposed amendments no longer include any changes to the current Development Review Committee. The Planning and Legal staff is re-evaluating the need for changes to the DRC and the options available to maintain the departmental/agency review process and the meeting open to the public for the application certification.
SUMMARY: Staff recommends approval of the proposed amendments to Article 5 and 3 as presented